Manning v. State Of Nevada

Filing 4

ORDER that the amended complaint is DISMISSED WITHOUT PREJUDICE for failing to pay the filing fee. The clerk shall enter judgment accordingly. Signed by Judge James C. Mahan on 4/30/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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KENNETH DUANE MANNING,

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Plaintiff,

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vs.

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STATE OF NEVADA,

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Defendant.

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2:12-cv-0174-JCM-CWH
ORDER

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This is a civil rights action submitted by the plaintiff. However, under 28 U.S.C. §
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1915(g), Manning has been banned from filing actions in forma pauperis unless he can show he is in
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imminent danger of serious physical injury. Manning was advised to amend his complaint, if he
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could, to show such imminent harm. The original complaint alleged denial of his First Amendment
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right to marry someone of the same sex or to be allowed to have sexual relations in private. The
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amended complaint, filed in response to the court’s order denying in forma pauperis appears to
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abandon his First Amendment claim and instead alleges an equal protection violation on the basis
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that an employee of the State of Nevada has a “thing for Ms. Mouton” and is therefore retaliating
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against plaintiff and “has put [him] in imminent danger of serious physical injury.” The complaint
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alleges nothing else except that the employee “is not doing his job like a professional.”
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The bald allegations are insufficient to state a claim and fail also to support the

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allegation of imminent harm. Thus, the complaint and this action shall be dismissed without

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prejudice.

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IT IS THEREFORE ORDERED that the amended complaint is DISMISSED

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WITHOUT PREJUDICE for failing to pay the filing fee. The clerk shall enter judgment

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accordingly.

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Dated this ______ day of April, 2012.
April 30, 2012.

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UNITED STATES DISTRICT JUDGE
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